Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Month: October 2021

Accident

Loss of dependency – Enhancement of compensation – Merely because claimants were unable to produce documentary evidence to show the monthly income of deceased, same does not justify adoption of lowest tier of minimum wage while computing the income – Deceased was in possession of heavy vehicle driving licence and was driving such vehicle on the day of accident – the income of the deceased at Rs.8000/­ per month for the purpose of loss of dependency – By applying the multiplier of ’16’ the claimants are entitled for compensation of Rs.14,33,664/­.

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHANDRA @ CHANDA @ CHANDRARAM AND ANOTHER — Appellant Vs. MUKESH KUMAR YADAV AND OTHERS — Respondent ( Before : R. Subhash Reddy and…

Evidence Act

Evidence Act S 92 – Exclusion of evidence or oral agreement – The feigned ignorance about the nature of document cannot be said to be an instance of fraud. In the absence of any plea or proof of fraud, respondent is bound by the written document on which he admitted his signatures and of his wife. There is no oral evidence which could prove fraud, intimidation, illegality or failure of consideration to permit the respondents to lead oral evidence to dispute the sale deed

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PLACIDO FRANCISCO PINTO (D) BY LRS AND ANOTHER — Appellant Vs. JOSE FRANCISCO PINTO AND ANOTHER — Respondent ( Before : Hemant Gupta and…

Service Matters
Service

HELD upper age limit as directory would be conferring unbridled power in the executive to choose persons of their choice by relaxing the age beyond 35 years. In such case, the provision would have to be declared as unconstitutional – High Court has correct in opinion that 35 years is the upper age limit for appointment as Rehbar-e-Taleem (Recruitment of teachers in primary schools across the state of Jammu and Kashmir) scheme and cut-off date was not eligible for appointment.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JAMMU AND KASHMIR AND OTHERS — Appellant Vs. SHAHEENA MASARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

C P C

(CPC) – Section 100 – Punjab Courts Act, 1918 – Section 41 – Findings of fact – Second appeal – Jurisdiction – Jurisdiction in second appeal is not to interfere with the findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be – Findings of fact will also include the findings on the basis of documentary evidence – Jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND OTHERS — Appellant Vs. BIMLA DEVI AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. )…

C P C

IMP : When a notice is sent by registered post and is returned with a postal endorsement “refused” or “not available in the house” or “house locked” or “shop closed” or “addressee not in station”, due service has to be presumed – Defendant cannot seek setting aside of an ex-parte decree – Orders passed by the High Court set aside and dismiss the application preferred by defendant under Order IX Rule 13 of the Code – Appeal allowed. Counsel for Appearing Parties

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHWABANDHU — Appellant Vs. SRI KRISHNA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and S. Ravindra Bhat, JJ. ) Civil Appeal…

Labour Cases

Industrial Disputes Act, 1947 – Sections 25L and 25N – Termination – Held, Irrigation Department of state will not be an Industrial Establishment within the meaning of Section 25L – Labour Court as well the learned Single Judge and the learned Division Bench of the High Court have not adverted to the question whether the Irrigation Department of the state is an Industrial Establishment within the meaning of Section 25L – There is no finding recorded that the Irrigation Department of the state is doing manufacturing activity as provided in sub-clause (k) of Section 2 of the Factories Act – Termination of the employment of the respondent was legal and valid – Appeal allowed.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND OTHERS — Appellant Vs. SOMDUTT SHARMA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Labour Cases

Industrial Disputes Act, 1947 – Section 11­A – Dismissal – Allegation of drunkenness – Its jurisdiction under Section 11­A of the Act 1947 although is a wide one but it must be judiciously exercised – Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so – Award passed by the Tribunal and confirmed by the High Court under impugned judgment is not sustainable in law – Appeal allowed.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STANDARD CHARTERED BANK — Appellant Vs. R.C. SRIVASTAVA — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No(s).…

Service Matters
Service

Held, In the absence of the recommendations made by the review selection committee pursuant to which the appointments were made by notifications, being challenged, there was no justification for the High Court to pass such omnibus directions more particularly when the officer on whose insistence the writ petition was filed, stood retired from service in November 1996 on attaining the age of superannuation – Impugned order passed by High Court is unsustainable

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA, THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT AND FOREST — Appellant Vs. TRILOK S. BHANDARI AND OTHERS — Respondent ( Before :…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 6 – Enhancement of compensation – Determination of market value – Held, Land acquired for the housing project – However, at the same time one cannot lose sight of the fact that the sale deed dated 11.01.1990 was for the small parcel of the land i.e. 5 1/2 cent only – In given case even a sale deed of comparable sales of small areas also can be considered by giving suitable deductions while fixing market value –

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNUSAMY — Appellant Vs. THE LAND ACQUISITION OFFICER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal No. 398…

You missed

Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw